North Carolina Nursing Home Choking Lawyer

North Carolina Nursing Home Choking Attorney

Choking incidents in nursing homes are a devastating yet preventable occurrence that often results from neglect or improper care. Residents in nursing homes are particularly vulnerable due to age-related health issues, mobility limitations, or medical conditions. If your loved one suffered a choking incident due to nursing home neglect, you have the right to hire a experienced North Carolina nursing home choking lawyer before pursuing compensation from the at-fault party.

At Pleasant Law, PLLC, we have dedicated more than 15 years to advocating for families impacted by nursing home negligence. We are here to hold negligent facilities accountable and seek the compensation you deserve.

Why Choose Pleasant Law, PLLC?

At Pleasant Law, PLLC, we focus on advocating for families whose loved ones have been harmed in nursing homes due to negligence. We have recovered more than $30 million from major healthcare providers. This track record demonstrates our ability and willingness to stand up to powerful organizations and fight for justice.

When choking incidents occur in nursing homes, the stakes are high, and accountability is critical. Our firm is prepared to investigate the circumstances, identify responsible parties, and take cases to jury trials when necessary. Families trust Pleasant Law, PLLC, for our thorough approach, personalized attention, and unwavering commitment to achieving just results. A nursing home abuse lawyer from our firm can provide expert legal guidance to ensure your case is handled with the utmost care and dedication.

Common Causes of Choking in Nursing Homes

Choking accounts for roughly 8% of preventable nursing home resident deaths every year. Choking incidents in nursing homes often result from factors rooted in negligence. Inadequate supervision during meals is one of the most common causes. Many residents require assistance due to their physical or cognitive impairments.

Improperly prepared food can also pose significant risks, such as meals that do not align with dietary restrictions or swallowing limitations. Staff shortages or insufficient staff training can further contribute to choking incidents.

One example could be a caregiver who is not trained to recognize or address a choking emergency. Other factors include failure to monitor medical devices like feeding tubes or neglecting to address pre-existing conditions that can contribute to choking risks. The reality of abuse and neglect in Pruitt Health facilities is a concern, as these incidents highlight the potential dangers when proper care and supervision are not provided, putting residents at risk of serious harm.

Holding Nurses Accountable for Choking Incidents

Nursing homes have a duty to provide proper care to their residents, which includes monitoring them during meals, tailoring diets to individual needs, and responding promptly to emergencies. Failure to meet these responsibilities can result in severe harm or wrongful death. Filing nursing home injury complaints is an important step in holding facilities accountable and ensuring that residents receive the care and attention they deserve.

Establishing liability in a choking case requires gathering evidence, such as staff records, meal preparation logs, and witness testimony, to demonstrate negligence. An experienced attorney can navigate these complexities, ensuring that facilities are held responsible for their actions. By pursuing legal action, families can secure compensation to address medical expenses, emotional trauma, and other damages caused by the incident.

How an Attorney Can Secure Your Family Compensation Following a Choking-Related Injury or Wrongful Death

Families affected by choking incidents in nursing homes may be entitled to compensation for the harm caused by negligent care. An attorney can engage in direct negotiations with the nursing home’s owner or the ownership group. In some cases, direct legal action may be the most appropriate course of action to ensure victims and their loved ones receive fair and timely compensation.

Economic damages can cover medical bills, rehabilitation costs, or funeral expenses in the case of a wrongful death. Non-economic damages may include compensation for pain, suffering, and emotional distress experienced by the victim or their family.

In some cases, punitive damages may also be awarded to penalize facilities for reckless or grossly negligent behavior. Pursuing compensation not only helps families recover financially but also sends a clear message that substandard care will not be tolerated.

FAQs

What Do You Do if Someone Is Choking in a Care Home?

If someone is choking in a care home, quickly assess the situation to determine if they are partially or fully choking. For partial choking, encourage the person to cough forcefully to dislodge the object. If they are fully choking and unable to breathe, call for emergency help immediately and perform abdominal thrusts (the Heimlich maneuver) if trained to do so. Ensure staff follow the care home’s emergency protocols while waiting for medical professionals. In North Carolina, it is essential for care homes to adhere to strict emergency procedures to protect residents and prevent harm during such critical situations.

What Should a CNA Do if a Resident Is Choking?

If a CNA encounters a choking resident, they should remain calm, call for help, and act immediately. If the resident is fully choking, they should perform the Heimlich maneuver if trained, and it is safe to do so. If the resident loses consciousness, begin CPR if certified and call emergency services. Always report the incident to supervisors and document the event as required.

Who Requires a Choking Risk Assessment in a Care Home?

Residents who have difficulty swallowing (dysphagia), suffer from neurological disorders, or have a history of choking incidents require a choking risk assessment. Residents with cognitive impairments such as dementia or individuals on specific diets due to health conditions may also be at higher risk and should be assessed regularly to ensure their safety during meals and other activities.

What Do You Do if an Elderly Person Is Choking?

If an elderly person is choking, encourage them to cough if they can still breathe. If they cannot breathe or speak, call for emergency help immediately and perform the Heimlich maneuver if it is appropriate and safe for their physical condition. For frail individuals, chest thrusts may be safer. If they lose consciousness, begin CPR and follow emergency procedures until help arrives.

Contact Pleasant Law, PLLC to Get Defense Related to Nursing Home Choking Cases

Learning that your loved one was harmed or died due to a choking incident can lead to emotional distress and anger. When someone’s negligence causes injury to your loved one, you have the right to pursue legal action against them through the courts.

Having legal representation can greatly improve the chances that your family receives fair compensation from the negligent party. At Pleasant Law, PLLC, we’re here to guide you through that process and ensure that you receive the justice and compensation that you deserve. Contact our office today to schedule your consultation.